Sunday, April 8, 2012

Permanent License Suspension for 3rd DUI/DWI in NJ

Currently pending in the Assembly Law and Public Safety Committee is a bill requiring, without exception, the permanent suspension of the driver's license of anyone sentenced to a 3rd under the influence charge. Currently a 3rd DUI requires a 10 year loss of license. N.J.S.A. 39:4-50 criminalizes the operation of a motor vehicle by anyone under the influence of alcohol or CDS with a blood alcohol concentration (BAC) of .08% or greater as determined by field sobriety tests, blood tests or the Alcotest, formerly Breathylizer, device. Determination of under the influence of CDS can be proven by examination by a Drug Recognition Expert (DRE) or by testing the urine or blood of the accused for the presence of marijuana, heroin, cocaine, meth, percoset/oxycotin or other controlled dangerous substances. Throughout New Jersey, counties, municipalities and State Police are working together to enforce DUI laws in an effort to reduce fatalities on the roads. In both northern and central, NJ the counties of Union, Morris, Essex, Bergen, Passaic, Warren, Hudson, Somerset, Middlesex and Sussex counties have extensive programs in place to stop DWIs through the use of patrols, sobriety checkpoints and other means. If you are charged with DUI/DWI in New Jersey, you should immediately seek an experienced DUI/DWI attorney who will examine the facts and ensure your rights are protected beginning with determining whether probable cause existed for the stop, or the checkpoint was properly run, reviewing reports as to any field sobriety tests, motor vehicle searches or drug recognition expert (DRE ) evaluations, ensuring proper Miranda warnings were given, the Alcotest device records were complete and the operator was certified and used the machine properly. The attorney will also know how to review any records pertaining to blood or urine testing, the chain of custody of any blood or urine samples and the lab reports provided. For more information on DUI/DWI, drugs in a motor vehicle or other criminal charges in NJ, visit HeatherDarlingLawyer.com.